The arrested person is either released into the community or held until their court date. A person who is in custody awaiting trial must have a bail hearing in front of a judge. We have compiled a brief overview of bail hearings in Ontario.
A person suspected of a crime may be freed on bail while awaiting trial. A bail hearing determines whether the accused should be freed or detained. The accused only gets one bail hearing in the Ontario Court of Justice.
Condition that can be included in bail hearings
- No contact with the complainant.
- Abstaining from drugs and alcohol;
- Weapons prohibitions; and
· Restricting access to the children of a complainant.
The accused may need to provide a surety if the court doesn’t believe they will meet the conditions. A surety is a person who is responsible for ensuring that the accused follows the conditions of their bail. The surety is typically also liable for an amount of money and if the accused breaches their bail conditions, the surety loses that money. A surety is responsible until the accused goes to trial or has their charges settled.
Reverse Onus
In certain cases, an accused person will need to justify why they should be released into the community, which is known as a “reverse onus”. Some situations where a reverse onus bail hearing may occur include:
- The person was released from jail for one crime and then committed another.
- Where the accused was freed but failed to comply with the terms of their bail order; or
- Where the accused is facing serious criminal charges.
If a person cannot post bail, they will remain in custody until the trial ends.
If you are looking for more information about bail hearings, do not hesitate to contact us and our specialist Criminal Lawyers can discuss your matter in more detail over a free consultation. You can reach our office at 905-366-0202 or contact us through our website here.
